- (1.) The plaintiff-respondent herein placed an order for purchasing a brick manufacturing machine with the defendant-appellant. The total price including all charges for installation was fixed for Rs. 4,39,920/- and out of the said amount Rs. 1,00,000/- was sent as advance by bank demand draft dated 3-8-92 to the appellant. The appellant thereafter supplied the machinery to the plaintiff-respondent vide their bill dated 14-10-92 of Rs. 4,39,920/- and the balance amount was paid by the bank draft dated 8-10-92 of Rs. 3,39,920/ -. Clause 11 of the bill stated "all disputes are Subject to kashipur jurisdiction". After the machine was installed, it was found that it was defective. Under such circumstances, the plaintiff-respondent brought a suit before the Civil Judge, senior Division, Nagaon, Assam for recovery of the amount from the defendant-appellant. The appellant filed a written statement in the said suit. One of the pleas that was taken by the appellant in the written statement was that the Nagaon Court has no jurisdiction to try and decide the suit filed by the respondent. On this plea of the defendant-appellant a preliminary issue was framed to the effect as to whether the Civil Judge, Senior Division, Nagaon is competent to try and decide the suit. The said preliminary issue was decided in favour of the plaintiff and against the defendant. A revision was filed by the appellant before the High court, but the said revision also met with the said fate. It is against the said judgment of the high Court, the appellant has filed this appeal.
(2.) Learned counsel appearing for the appellant, urged that in view of Clause 11 of the bill, the Nagaon Court has no jurisdiction to try and proceed with the suit filed by the plaintiff respondent. This argument has no substance. Clause 11 of the bill runs as thus: "All disputes are subject to Kashipur jurisdiction".
(3.) Exactly the same clause came up for interpretation in the case of A. B. C. Laminart pvt. Ltd. and Anr. v. A. P. Agencies, Salem, it was held as thus: "In the clause "any dispute arising out of this sale shall be subject to Kaira jurisdiction in clause 11 ex facie there are no exclusionary words. The order of confirmation is of no assistance. The other general, terms and conditions are also not indicative of exclusion of other jurisdictions. Under the facts and circumstances of the case it must be held that white connecting factor with Kaira jurisdiction was ensured by fixing the situs of the contract within Kaira, other jurisdictions having connecting factors were not clearly, unambiguously and explicitly excluded. ";